United States v. Washington
670 F.3d 1321
D.C. Cir.2012Background
- Police stop appellant at night for driving without lights; strong odor of alcohol and a small amount of red liquid in an open cup observed; arrest for possession of an open container in a vehicle under D.C. Code § 25-1001(a)(2); car searched and a loaded Glock handgun found under the driver’s seat; appellant prosecuted in federal court under 18 U.S.C. § 922(g)(1) and DC law; district court denied suppression and appellant pleaded guilty conditionally with a sentence at the bottom of the Guidelines range; appellant challenges suppression ruling and sentencing; district court relied on odor, puddle, cup, and appellant’s movements to find probable cause and to justify the search; appellate court affirms conviction and searches for error in sentencing methodology.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest for open container | Appellant argues infinitesimal amount of liquid negates probable cause | District court relied on odor, puddle, and movements to infer pouring before stop | Probable cause existed; search proper |
| Reasonableness of the search after arrest | Search was improper absent probable cause to arrest | Gant-based search permissible to locate evidence of the open-container offense | Search reasonable; gun's discovery constitutional |
| Sentencing discretion and disparity concerns | District court should consider disparity between US and DC Guidelines under 3553(a) | Disparity considerations are limited; district court acted within discretion under Booker/Gall/3553(a) | No substantive abuse of discretion; sentence affirmed |
| Mitigating effect of prosecutorial discretion to charge federally | Discretionary charging could be mitigating under § 3553(b) | Discretionary charging not a mitigating factor | Discretionary charging not a mitigating factor; Clark limits consideration |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (1964) (probable-cause standard; warrants Fourth Amendment review)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause standard; totality of circumstances)
- Ornelas v. United States, 517 U.S. 690 (1996) (de novo review of probable cause; factual findings deferentially reviewed)
- Arizona v. Gant, 556 U.S. 332 (2009) ( search incident to arrest limitations; threshold for vehicle searches)
- United States v. Vinton, 594 F.3d 14 (D.C. Cir. 2010) (DC Circuit on vehicle-search rationale post-arrest )
- Clark, United States v., 8 F.3d 839 (D.C. Cir. 1993) (discretionary considerations under § 3553 not mitigated by DC status)
- United States v. Mills, 925 F.2d 455 (D.C. Cir. 1991) (prosecutorial discretion generally not a due-process violation when exercised non-discriminatorily)
- Booker, 543 U.S. 220 (2005) (guidelines advisory; reasonableness review after Booker)
- Gall v. United States, 552 U.S. 38 (2007) (procedural and substantive reasonableness in sentencing; factors to consider)
- Rita v. United States, 551 U.S. 338 (2007) (proportionality and explanation in sentencing; not mandatory lengthening/shortening)
- Derosiers v. Dist. of Columbia, 19 A.3d 796 (DC 2011) (inference of reasonable officer; support for probable cause/search)
- United States v. Clark, 8 F.3d 839 (1993) (area-specific treatment of DC disparities under 3553; not mitigating)